P. v. Gonzales
After Abraham P. Gonzales served his two-year prison term, purportedly a middle term sentence for his conviction for selling base cocaine, the prison informed him and the trial court that the sentence was unauthorized: the correct middle term for the offense was four years. The court resentenced Gonzales to a four year middle term and returned him to prison. At resentencing, the trial court had the discretion to place Gonzales on probation or to sentence him to any of the three prescribed prison terms. Consequently, the courts failure to obtain a supplemental probation report before resentencing Gonzales was error. Court conclude the error was prejudicial and reverse.
Comments on P. v. Gonzales